18 April 2003

chaos continues
From OXFAM's director, writing in the Guardian:

The coalition forces are obliged under the Geneva Conventions to maintain law and order and ensure that humanitarian assistance gets through to those who need it. UN Secretary-General Kofi Annan has already reminded the coalition of these obligations.

If order is not restored, the looting will tip a fragile situation into a violent and chaotic one that could lead to people fleeing their homes. The refugee flows we have not yet had to face may yet become a reality. Civilians, already innocent victims of the war, could become the principal casualties of a bloody aftermath.

Even if the refugee flows do not emerge, the looting has damaged food stores, warehouses, schools and public buildings that will be vital to the reconstruction of Iraq. It pits Iraqi against Iraqi and creates resentments that will simmer for years in a country already split into a mosaic of tribal, ethnic and religious groups.

All the more important, then - as well as restoring law and order - to start listening to people in the region and reassure the people of Iraq that they will play a key role in defining their future.


From the Red Cross on the legal responsibilities of the occupying powers are clear.

When a territory is placed under the authority of a hostile army, the rules of international humanitarian law dealing with occupation apply. Occupation confers certain rights and obligations on the occupying power.

The rules of international humanitarian law apply whenever a territory comes under enemy control during an armed conflict.

Article 42 of the 1907 Hague Regulations states that a "territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised." While the Geneva Conventions do not define occupation, the Fourth Convention nevertheless contains provisions applicable in occupied territories.

Since occupation does not imply sovereignty over a territory, the occupying power may not alter the legal status of protected persons. Occupation confers certain rights and obligations on the occupying power.

The duties of the occupying power include restoring and ensuring, as far as possible, public order and safety; providing the population with food and medical supplies; agreeing to relief schemes undertaken by other States or impartial humanitarian organizations if the population is inadequately supplied; maintaining medical facilities and services; ensuring public health and hygiene; and facilitating the work of educational institutions.

The occupying power must uphold the criminal laws of the occupied territory and may suspend them only when they constitute a threat to the occupying power or an obstacle to the application of international humanitarian law. Should legal proceedings be instituted against protected persons, the occupying power must respect all judicial guarantees and ensure a regular trial for such persons.

Prohibited actions include forcibly transferring protected persons from the occupied territories to the territory of the occupying power; compelling protected persons to serve in the armed forces of the occupying power; and pillage.


At what point are the occupying powers going to establish a government and start meeting their responsibilities to the Iraqi people? And at what point are Australia, Britain and Poland the junior partners, going to start demanding that humanitarian relief be a priority? Or will the Bush administration solve the problem by withdrawing from the Geneva conventions?

When the coalition abandoned itnernational law they excluded the UN from the picture. Now, of course, they need the UN and the NGOs. This is the clearest explanation possible of why the Bush doctrine cannot and will not work.

Christians today celebrate the Passion of Christ. Both Bush and Blair proclaim themselves devout and committed Christians. Bush claims that Christ is his favourite political philosopher.

He will place the sheep on his right and the goats on his left.� Then the king will say to those on his right, "My father has blessed you!� Come and receive the kingdom that was prepared for you before the world was created.� When I was hungry, you gave me something to eat, and when I was thirsty, you gave me something to drink.� When I was a stranger, you welcomed me, and when I was naked, you gave me clothes to wear.� When I was sick, you took care of me, and when I was in jail, you visited me."

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